N.M. Admin. Code § 19.26.11.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.26.11.9 - CONCLUSIONS OF LAW

A. Water sub-district creation and appointment of water master

(1) The state engineer concludes that in the interest of public safety and in the interest of water users, the GALLINAS RIVER WATER SUB-DISTRICT should be formed and a water master appointed on a permanent basis, so as to administer the waters of the Gallinas river, a tributary of the Pecos river stream system, in accordance with New Mexico law.

(2) The GALLINAS RIVER WATER SUB-DISTRICT water master shall have immediate charge of the apportionment of waters in the water sub-district under the general supervision of the state engineer, and shall appropriate, regulate and control the waters of the water sub-district so as to prevent waste.

B. Administration of affected water rights

(1) The state engineer concludes that the immediate administration of water rights on the Gallinas river is necessary for the protection of the public, protection of prior water rights, and the prevention of waste.

(2) The state engineer concludes that the water master of the water sub-district created by this rule shall apportion the waters of the sub-district in accordance with the guidelines, existing or future regulations, manuals, directions, and supervision provided by the state engineer.

(3) Additional instructions to the water master for the apportionment of water within the sub-district will be based upon available data, models, (including water master manual models), surveys and the state engineer's best professional judgment.

(4) The state engineer concludes that the water sub-district created by this rule shall include the following organizational features:

(a) The appointment of a single water master for the GALLINAS RIVER WATER SUB-DISTRICT.

(b) The water master shall be a direct employee of the OSE and shall receive compensation in an amount to be determined by the state engineer. The water master shall also be compensated for all actual and necessary expenses incurred in performing the duties of water master.

(c) After appointment of the water master, the state engineer shall prepare a budget of estimated amount required to pay the compensation and expenses of the water master to the end of the current fiscal year, and shall certify the same to the board of county commissioners of San Miguel and Guadalupe counties, wherein the duties of the water master are to be performed. The budget shall specify the distribution of the amounts to be charged against and allotted to each water user or ditch owner, and which respective amounts shall be based upon the quantity of water received or to be received by each in proportion to the total quantities of water delivered or to be delivered under the water rights of all. The salary and expenses of the water master will be paid monthly by the board of county commissioners in accordance with the requirements of NMSA, 1978, Section 72-3-4(1907).

N.M. Admin. Code § 19.26.11.9

19.26.11.9 NMAC - N, 8/29/03